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(영문) 서울중앙지방법원 2019.05.29 2019고합155

유사강간등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. A similar rape: (a) around 21:00 on June 13, 2018, the Defendant: (b) taken care of the body body of the victim D (nives, age 37) who was found in the “C” place in the Gangnam-gu Seoul Metropolitan Government and the second floor of the building as a customer; and (c) took care of the body of the victim D (nives, age 37) and took care of the body of the victim; (d) taken the victim’s fingers his fingers into the body of the victim; and (e) taken the victim’s fingers into the part of the victim, and frights the victim’s fingers into the part of the victim, and f

2. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification as a inseminator;

Nevertheless, the Defendant did not obtain the recognition of a Marine’s qualification, but did not receive certain expenses from November 2016 to around that time, and operated a massage business by receiving certain expenses from many unspecified customers and receiving them as above, by using the said D’s shoulder, elbs, etc., 200,000 won for the 10-time use of the said D’s 10-time use by hand and elbs, etc.

As a result, the Defendant established a massage treatment facility without obtaining the recognition of the qualification of the massage operator.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of each police statement regarding D;

1. Application of Acts and subordinate statutes to accusation details and text messages;

1. Relevant Article of the Criminal Act and Article 297-2 of the Criminal Act that applies to the crime, the selection of a punishment (a point of similar rape), subparagraph 3 of Article 88 and Article 82 (1) of the Medical Service Act (a comprehensive of the points of massage for profit making a non-qualification, and choice of imprisonment);

1. The scope of the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act, which is heavier than the punishment for similar rape, shall be the sum of the long-term punishments for two crimes;